CAN STUDENT LOANS BE DISCHARGED THROUGH BANKRUPTCY?

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You cannot discharge a student loan in Chapter 7 or Chapter 13 bankruptcy unless you prove to the court that repaying the loan would be an undue hardship. Some courts use a three-pronged test to determine if paying the loan would be an undue hardship. If your situation meets these three criteria, your student loan debt could be discharged:

You will be unable to maintain a minimal standard of living for yourself and your dependents if you are forced to pay your loans. This determination is based on your current income and expenses.
Your current situation is likely to continue for a significant portion of the repayment period.
You have made a good faith effort to repay your loans.

Other courts consider these and other factors when determining if paying your student loans represents an undue hardship.

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